Whenever you suspect that your loved one is suffering abuse in a nursing home, you may automatically think of what you can do next to hold the facility and the staff accountable. We understand that it can be an angering time, as well as disheartening as you find that your loved one has been mistreated. Aside from contacting the proper authorities to help seek justice, many of the families who have had loved ones suffer from abuse decide they may want to take legal action. Before you do so, though, it’s important to understand the various factors that go into nursing home abuse lawsuits.
At the Pintas & Mullins Law Firm, our nursing home abuse lawyers understand the way these types of lawsuits are handled. We are aware of the potential matters of nursing home abuse, what signs to look out for, who can be held responsible, and how to move forward in these types of cases. If you feel that your loved one is suffering as the result of a staff member in particular or the entire facility and staff, know that he or she has rights and it is our job to protect them. Learn about some of the factors involved in a nursing home abuse lawsuit.
Before the Lawsuit
Prior to filing a lawsuit against the nursing home, there are certain things you want to establish. You may notice the signs of abuse — infections, bedsores, injuries, weight loss, mental changes, etc. — but you need to make sure you have enough proof to bring forth a claim. You can take pictures of the injuries or sores, speak with your loved one and let them know it’s okay to talk if they’ve been hurt, and more. You want to be sure you have the evidence you need to pursue legal action, as well as documentation regarding how long your loved one was in the nursing home, when the abuse may have started, and more.
During the Lawsuit
In order to reach a successful resolution regarding your nursing home abuse lawsuit, you should be able to prove that the nursing home owed your loved one a duty of care, they failed in this duty, and your loved one was harmed as a result. This means that you must show direct negligence such as a caretaker refusing to help your loved one out of bed or taking advantage of your loved one financially. You may also be able to show mental and emotional abuse if your loved one has had a change in behavior and showing fear.
After the Lawsuit
You may be hesitant to look for another nursing home to care for your loved one after abuse has taken place. It’s important to know that the actions you take can help you move forward. It may be emotionally traumatic for your loved one to return to any nursing home, but if it is a necessity, you should take the measures to ensure their safety. This can help make them feel comfortable again. Discuss their options and make sure everyone is happy with the next step. One great thing about filing this kind of lawsuit, though, is you’re taking steps to push the nursing home to improve their measures, safety protocols, training, and more, helping prevent others from having to deal with this in the future.
When your loved one is a victim of nursing home abuse, you can
call the Pintas & Mullins Law Firm to better understand your options. Our nursing home abuse attorneys are ready and willing to help you move forward and take the action necessary to obtain justice.